Notes on signing electronic contracts
The Law on Electronic Transactions 2005 stipulates that an electronic contract is a contract established in the form of a data message. The legal validity of an electronic contract cannot be denied simply because it is expressed in the form of a data message.
1. E-contract transaction process
By law, for a contract to be formed, there needs to be a joint declaration and consent of the parties’ intentions. The first statement of intent is interpreted as an offer by party A which includes a proposal to establish a contract, and the other as acceptance by party B. The counterparty can be an individual, or a group body, base.
For an offer to be valid:
It must contain all the necessary elements of the contract.
The offeror intends to be bound by the offer
The offer must be directed to the other side.
The parties can negotiate directly or through many different channels.
For electronic contracts, the declaration of the parties will be shown through electronic channels. The parties forming an electronic contract can express their intentions and suggestions to the other party through the website or email. Traders who bid for their goods or services through the internet often set up contracts through their websites.
In this context, the product or service sold on the website will be considered an offer to the other party. An agreement will form if the other party clicks on “I accept” under the general conditions announced on the website.
Another tool for setting up an electronic contract is email. Just like letters sent by post, email contains an offer to enter into a contract and the contract will remain open until acceptance by the other party. If accepted, the buyer will resend an email to indicate acceptance.
2. Principles of signing electronic contracts
Subjects participating in the use of electronic means are means of operation based on electrical, digital, electronic, magnetic, optical, electromagnetic, wireless transmission or similar technologies in the transaction and drafting and performing contracts. It is necessary to comply with the rules of the Law on Electronic Transactions and the Law on Contracts in the way of concluding and performing electronic contracts. Subjects participating in the contract have the right to exchange and agree on technical requirements and verify conditions for ensuring the integrity and confidentiality related to such electronic contract. Concluding an electronic contract is the use of data messages to conduct part or all of a transaction during the implementation process. Unless otherwise agreed by the subject, in the conclusion and performance of the contract, the offer to enter into and accept the conclusion may be made through data messages.
3. Types of electronic contracts
Shrink-wrap bundle contract – A licensing agreement under which the contract’s terms and conditions apply to the contracting parties and are typically included in the manuals accompanying the software products purchased by the customer. buy.
Clickwrap Contract – Allows the user to agree to the terms and conditions and control the use of the program by clicking the “Yes” or “I agree” button. There are several factors that ensure the terms of the agreement are binding on the contracting parties: The user agreement or terms of service will be clearly communicated to the manufacturer. Simply inserting a terms link on the website without attracting the user’s attention, the user’s loyalty level will not be considered. Therefore, customers can only use the website after accepting the terms. If the user has given consent for the specific action, the terms of the agreement will not be changed. Changes to the terms of the agreement must be communicated directly to the customer. If the consumer does not agree with the changes, then at this point they have the option to leave the site.
As one of the first solution providers and market leaders in electronic and digital contracts, possessing high-level security certificates and ensuring legal compliance. FPT.eContract is a leading provider of e-contract related services for individuals and businesses in Vietnam.
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